California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 3 — Governing Documents, Article 5 — Operating Rules, Section 4350

An operating rule is valid and enforceable only if all of the following requirements are satisfied:

(a) The rule is in writing.

(b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association.

(c) The rule is not in conflict with governing law and the declaration, articles of incorporation or association, or bylaws of the association.

(d) The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article.

(e) The rule is reasonable.

Notes

Limits validity and enforceability of an operating rule to rules that are written, within the board’s lawful or governing-document authority, consistent with governing law and controlling documents, adopted, amended, or repealed in good faith and substantial compliance with the article, and reasonable. Failure to satisfy any listed requirement prevents the rule from meeting this validity standard.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 4350 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-3/article-5/section-4350

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